WJI is reposting reporting from the old storyhill.net website and affidavits from County Jail inmates unfortunate enough to be booked during Sheriff David Clarke's tenure to show just what kind of malfeasance the public can expect if President-elect Donald Trump gives Clarke a federal job.

The affidavits were part of a court case alleging thousands of men and women were improperly detained in the jail under excessive lengths of time, in violation of a 2001 consent decree.

Milwaukee County Circuit Judge Clare Fiorenza eventually found the county in contempt of court for the violations.

June 27, 2005 --Thousands of men and women were improperly detained for more than 30 hours each in a crowded county jail booking room because a sheriff's deputy never moved his computer scroll bar, court records show.

"I think if -- if I may impose on court and counsel's experience, sometimes when the information presented is wider than the screen, there's a little slide bar at the bottom of the computer," Assistant Corporation Counsel John Schapekahm told Circuit Judge Clare Fiorenza. "He never push the slide bar apparently."

While Sheriff David Clarke's department has been in the spotlight for letting convicted drug dealer Cesar Lira escape by walking out the door after posting bond, the lawsuit over jail population shows that the Lira case is not the only major blunder that Clarke has overseen.

Fiorenza suggested that training that deputies received may be an issue in the jail case.

The improper detentions, which violated a 2001 consent decree, occurred over a 1 1/2-year period of Clarke's tenure. There were more than 13,000 such violations, according to the American Civil Liberties Union of Wisconsin Foundation Inc. and Legal Aid Society of Milwaukee, Inc.

Information about how long inmates were held in booking was available via computer, Schapekahm said. But that particular piece of information was in the eighth column of a table, and only seven columns showed on the computer that a deputy used to track inmates.

The failure to properly operate a scroll bar could cost the county or its insurers -- a judge already has said the Sheriff's Department may well be liable for damages.

The county for months denied held inmates for more than 30 hours in the booking room. The scroll bar discovery quickly prompted it to change its story.​Officials "were appalled see this, of course," Schapekahm said. "It's not a pretty sight.

"Walker's judges" is our effort to present information about Gov. Walker's appointees to the bench. The information is taken from the appointees' own judgeship applications. ​

Name: Jeffrey S. Froehlich

Appointed to: Calumet County Circuit JudgeAppointment date: September 2011; elected in 2012.

​Education:Law School – University of Wisconsin Law SchoolUndergrad – UW - Stevens Point High School – Fox Valley Lutheran High SchoolRecent Employment:2001- present – Assistant District Attorney, Calumet County

Number of cases tried to verdict or judgment: Jury: 75-100; non-jury, 200

Number of cases on appeal: 15

Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application:

Member: Gang Task Force

Skilled Labor: Construction of Morrissey Community Park, Chilton, Wl

Member/volunteer: Mt. Olive Lutheran Church and School

Team Member: Calumet County Community Coordinated Response Team on Domestic Violence

Describe any pro bono legal work you have done including dates - None listed

List and describe the two most significant cases in which you were involved -- None listed

"An independent judiciary is a great asset to a free and democratic society where individual freedoms are protected by the constitution. However, no court should afford itself such an expanded role as to outweigh the majority view." -- Calumet County Circuit Judge Jeffrey S. Froehlich

​Why I want to be a judge – Unfortunately, over the last eighteen months the losses of experience and leadership have been significant....The Calumet County District Attorney's Office has also undergone significant change with the resignation of Ken Kratz last fall. After six months, the appointed District Attorney has yet to try a case in Calumet County and appears to be struggling in her new role....My career goal had been to head the Calumet County District Attorney's Office. When I applied for the position last fall, I had the overwhelming support of officers from every law enforcement agency in the county. Despite my thirteen years of experience as a prosecutor, with nine of those in Calumet County, Governor Doyle appointed a much less experienced candidate....The steady erosion of experience and leadership in Calumet County must end. As a circuit court judge, I believe I would be able to provide the needed stability and continuity to the Calumet County justice system.

Best or Worst Wisconsin or US Supreme Court decision -- State v. Klessig, holding that courts must make sure that drunk driving defendants understand what they are doing when they waive their right to counsel.

Attempting to designate any one case the worst Supreme Court opinion in the last thirty years is a difficult task. However, judicial activism is a common element that contributes to a poor decision. Judicial activism compromises the integrity of any opinion. Whether that activism takes the form of overturning laws as unconstitutional, overturning judicial precedent, or ruling against a preferred interpretation of the constitution, this philosophy usurps the power of the elected branches of government and can be considered nothing more than "legislating from the bench".

An independent judiciary is a great asset to a free and democratic society where individual freedoms are protected by the constitution. However, no court should afford itself such an expanded role as to outweigh the majority view.

Spring electioneering is coming up and a lot of judges around the state will be on the ballot. If history is any guide, most incumbents will run unopposed and even a few vacant positions will attract just one candidate each.

The primary election is Feb. 21 and the general election is April 4. Candidates can start circulating nomination papers Dec. 1.

One Supreme Court justice, three Court of Appeals judges, and 46 circuit court judges are up for election.

Here is a quick rundown of the Supreme Court and Appeals Court seats coming open and the incumbents.

Supreme Court

Annette K. Ziegler -- A member of the conservative wing of the court, Ziegler's major campaign donors in 2007 included Koch Industries ($8,625), the Wisconsin Realtors Association ($8,625), the Wisconsin Builders Association ($8,625), Pfizer ($5,000), and the Greater Milwaukee Association of Realtors ($5,000), according to the National Institute on Money in State Politics. She also received significant "dark money" support from outside groups who spent on her behalf.

Ziegler, a former Washington County Circuit Judge, was elected to the court in 2007. She already has raised more than $200,000 in direct contributions for her 2017 re-election bid,

District 1 -- William W. Brash III -- Brash's career was greatly assisted by gubernatorial appointments. After losing a Circuit Court election in 1997, he was appointed to a Milwaukee County Circuit Court seat by Gov. Scott McCallum in 2002. He won election later in 2002, then again in 2008 and 2014. He left his seat when he was appointed to the Court of Appeals by Gov. Scott Walker in October 2015. Brash also has sought appointments to the federal court and federal bankruptcy court.

Brash

District 2 -- Brian K. Hagedorn -- Hagedorn had no experience as a judge before Gov. Scott Walker appointed him to the Appeals Court in 2015. Previous to that, he was Walker's chief legal counsel. He also worked as an assistant state attorney general and clerked for State Supreme Court Justice Michael Gableman. In law school, Hagedorn was a member of the Christian Legal Society served as president of the Federalist Society.

Hagedorn

District 4 -- Paul B. Higginbotham -- Higginbotham, the only African-American on the Court of Appeals, has announced he will not seek re-election. Rock County Circuit Judge Michael Fitzpatrick has announced he will seek Higginbotham's seat. Fitzpatrick has racked up a long list of endorsements, which he has posted on his website here. Fitzgerald was appointed to his seat by Gov. Jim Doyle in 2008 and was elected twice since.

Legal experience as an advocate in criminal litigation, civil litigation, administrative proceedings: Appeared in about 20 Wisconsin counties and in U.S. District Court for the Eastern District of Wisconsin. Experience in many areas including condemnation, personal injury, contracts, fair dealership, anti-trust, defamation, divorce, custody disputes, specific performance, quiet title actions, assault, wrongful death, adoptions, termination of parental rights and breach of fiduciary duty litigation.

Number of cases tried to verdict or judgment: More than 200, mostly non-jury, and eight jury cases.

Number of cases on appeal: 13

Professional or civic organizations, volunteer activities, service in a church or synagogue, or any other activities or hobbies that could be relevant or helpful to consideration of the application:

City of Manitowoc Ethics Board (1985-present)

Manitowoc Fair Housing Commission (1985-1986)

Manitowoc County Community Housing Resource Board (1983-1988, including term as president)

Speaker at Career Day for Franklin Elementary School of Manitowoc Public School System

Quotes:

Describe any pro bono legal work you have done including dates - My pro bono work has consisted primarily of performing free services for clients referred to me by existing clients who were unable to pay for my services.

Give any other information you feel would be helpful in evaluating your application: The supportive feedback I have received has encouraged me to follow up my commitment to move in a different direction to further my desire to serve the citizens of Manitowoc County by applying my experience and education to decide legal matters brought before the Circuit Court.*

Why I want to be a judge – My broad range of practical experience, education and training will allow me to control the full presentation of matters for efficient use of judicial resources within the practical fiscal limits available. The most important reason I wish to become a judge at this time is to use the experience I have gained in the most productive fashion to contribute back to the people of the county who have allowed me to serve them as their legal counsel for 35 years.

"My pro bono work has consisted primarily of performing free services for clients referred to me by existing clients who were unable to pay for my services." -- Manitowoc County Circuit Judge Gary L Bendix

The City of Edgerton decision I believe was the worst decision. In attempting to apply the previous decisions of the court, the Supreme Court took an extremely limited view of the term "damages" in applying it to the new expanding area of the Comprehensive Environmental Response, Compensation Liability Act (CERCLA) when a party was sent a potentially responsible party letter. I believe that the business community and the many individuals who operated businesses prior to the enactment of CERCLA had a reasonable belief that the types of claims set forth in a potentially responsible party letter gave rise to "damages" that they would have expected to be covered by their insurance, particularly in light of a lay person's belief that the activities and actions that they undertook were in most cases completely legal at the time they were taken. The incorrect analysis in applying the existing definitions of "damages" to the new expanding arena of CERCLA deprived the individuals' insured and thebusiness community of the certainty to which they should have been entitled. It resulted in substantial adverse economic effects upon businesses that were forced to either give up protection under their policies or take substantially diminished recoveries from their insurers. This had a much broader reaching effect than had been anticipated and for approximately eight years I believe it had an adverse effect on the economy.

I believe, however, on the other hand, the reversal of the decision in the City of Edgerton case that came about through the Supreme Court's decision in Johnson Controls helped to reestablish the required equity between the insurance companies and the insureds and particularly the insured business community. It recognized that the governmental action taken by the potentially responsible party letters did create an adversarial arena in which an insured should be protected to the full extent that its policies allowed protection, after consideration of policy exclusions.

The Common Council on Friday approved funding for a lawyer to represent indigent Municipal Court defendants.

Municipal Court judges routinely fail in their legal obligations to defendants, particularly when it comes to informing them that they can request alternative sentences if they cannot afford to pay the fines.

"People who are indigent or poor have not had fair representation before the court," said Ald. Michael J. Murphy, who sponsored the measure. "This is a small measure to go toward that."

Murphy's amendment will provide $45,000 to contract with an attorney to represent indigent Municipal Court defendants and to supervise third-year law students who also would represent indigent defendants.

Kovac

Murphy warned the council against looking at Municipal Court, which earns more than $1 million annually in "profit," as a revenue producer.

Co-sponsor Nik Kovac referred to audio tapes, posted by Wisconsin Justice Initiative, of Municipal Court judges failing to tell defendants of their potential right to an alternative sentence. "One of the reasons so many people have warrants out for them....they can't pay it and they don't know what to do, and the judges never told them what their rights were, which they're mandated to do by state law," he said.

Murphy's amendment originally lost, 8-7, but it eventually won, 9-6. WJI gave up too early and incorrectly reported on Friday that the measure was defeated.

Murphy's amendment originally lost, 8-7, but Murphy persuaded Ald. Terry Witkowski and Robert Donovan to support it, and the final vote in favor was 9-6. Voting for the measure, besides Murphy and Kovac, were Aldermen Robert Bauman, Jim Bohl, Mark Borkowski, Robert Donovan, Jose Perez, Terry Witkowski and Tony Zielienski. Opposing it were aldermen Milele Coggs, Ashanti Hamilton,Cavalier Johnson,Chantia Lewis, Khalif Rainey, and Russell Stamper II.

A quick recap of the legally mandated notices that Milwaukee Municipal Court judges are required to give defendants at judgment:

"...the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed...must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment...or suspension of the defendant's motor vehicle operating privilege...if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), and that he or she may request community service in lieu of payment of the judgment."

But Milwaukee Municipal Court judges do not take the law entirely seriously, at least as it applies to them.Here is more evidence -- the judges' own words.

Presiding Judge Phillip Chavez is speaking in the two audios. In the first, he doesn't come anywhere close to fulfilling his obligation. In the second, he does come close, but doesn't quite get there -- there is no mention of community service, for example. A question: why don't the judges ask BEFORE they issue a fine if the defendant can afford to pay it? ​

The County Board Finance Committee on Wednesday approved, 7-0, a budget amendment calling for the county to report on the fees it charges for holding inmates for municipalities at the County Jail and House of Correction.

"The report shall include applicable laws, current contracts, and the feasibility of increasing daily commitment fees charged," says the amendment, sponsored by County Supervisor Sheldon Wasserman.

Suburban municipal ordinance offenders who do not fulfill their Municipal court obligations are incarcerated at the House through municipal court "commitments." Most Milwaukee commitments are served at the Couty Jail, with overflow sent to the House. The city receives jail services for no charge, but pays the daily rate for commitments served at the House.

Wisconsin Justice Initiative wrote to county supervisors last month asking them to consider raising the daily boarding rate at the House from the current $25.40, which WJI believes does not cover the House's costs (see letter below).

WJI is concerned that the low rate charged by the House encourages some county cities and villages to incarcerate indigent inmates instead of making real efforts to offer indigency hearings and alternative sentences, as required by law.

"Thanks to Supervisor Wasserman and the Finance Committee," WJI Executive Director Gretchen Schuldt said Wednesday. "This is a really positive first step and we look forward to working with the county on this important initiative."

Suburban incarceration rates vary dramatically. The House billed West Allis, for example, $174,066.20 for 6,853 commitment days last year; Wauwatosa, in contrast, was billed $8,636 for 340 commitment days.